II

Calendar No. 702

106TH CONGRESS

2D SESSION S. 1482

[Report No. 106–353]

To amend the National Marine Sanctuaries Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 4, 1999

Ms. SNOWE (for herself, Mr. KERRY, Mr. MCCAIN, Mr. HOLLINGS, Mr.

BREAUX and Mr. KENNEDY) introduced the following bill; which was

read twice and referred to the Committee on Commerce, Science, and

Transportation

JULY 21, 2000

Reported by Mr. MCCAIN, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend the National Marine Sanctuaries Act, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Marine Sanc5 tuaries Amendments Act of 1999’’. 2000’’.
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1 SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES

2 ACT.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment or repeal to, or repeal of, a section or

6 other provision, the reference shall be considered to be

7 made to a section or other provision of the National Ma8 rine Sanctuaries Act (16 U.S.C. 1431 et seq.).

9 SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICIES.

10 (a) AMENDMENT OF FINDINGS.—Section 301(a) (16

11 U.S.C. 1431(a)) is amended—

12 (1) by striking ‘‘research, educational, or aes13 thetic’’ in paragraph (2) and inserting ‘‘scientific,

14 educational, cultural, archaeological, or aesthetic’’;

15 (2) by inserting ‘‘ecosystem’’ after ‘‘comprehen16 sive’’ in paragraph (3);

17 (3) by striking ‘‘wise use’’ in paragraph (5) and

18 inserting ‘‘sustainable use’’; and

19 (4) by striking ‘‘and’’ after the semicolon in

20 paragraph (5);

21 (5) (4) by striking ‘‘protection of these’’ in

22 paragraph (6) and inserting ‘‘protecting the bio23 diversity, habitats, and qualities of such’’; and

24 (6) (5) by inserting ‘‘and the values and ecologi25 cal services they provide’’ in paragraph (6) after

26 ‘‘living resources’’.
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1 (b) AMENDMENT OF PURPOSES AND POLICIES.—

2 Section 301(b) (16 U.S.C. 1431(b)) is amended—

3 (1) by striking ‘‘significance;’’ in paragraph (1)

4 and inserting ‘‘significance and to manage these

5 areas as the National Marine Sanctuary System;’’;

6 (2) by striking paragraph (3) and inserting the

7 following:

8 ‘‘(3) to maintain natural biodiversity and bio9 logical communities, and to protect, and where ap10 propriate, restore, restore and enhance natural habi11 tats, populations, and ecological processes;’’;

12 (3) by striking ‘‘understanding, appreciation,

13 and wise use of the marine environment;’’ in para14 graph (4) and inserting ‘‘understanding, and appre15 ciation of the natural, historical, cultural, and ar16 chaeological resources of national marine sanc17 tuaries;’’;

18 (4) by redesignating paragraphs (5) through

19 (9) as paragraphs (6) through (10), and inserting

20 after paragraph (4) the following:

21 ‘‘(5) to support, promote, and coordinate sci22 entific research on, and long-term monitoring of, the

23 resources of these marine areas;’’;

24 (5) by striking ‘‘areas;’’ in paragraph (8), as re25 designated, and inserting ‘‘areas, including the ap-
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1 plication of innovative management techniques;

2 and’’;

3 (6) by striking ‘‘marine resources; and’’ in

4 paragraph (9), as redesignated, and inserting ‘‘ma5 rine and coastal resources.’’; and

6 (7) by striking paragraph (10), as redesignated.

7 SEC. 4. CHANGES IN DEFINITIONS.

8 Section 302 (16 U.S.C. 1432) is amended—

9 (1) by striking ‘‘304(a)(1)(C)(v)’’ in paragraph

10 (1) and inserting ‘‘304(a)(2)(A)’’;

11 (2) by striking ‘‘ ‘Magnuson’’ in paragraph (2)

12 and inserting ‘‘ ‘Magnuson-Stevens’’;

13 (3) by striking ‘‘and’’ after the semicolon in

14 subparagraph (B) of paragraph (6);

15 (4) by striking ‘‘resources;’’ in subparagraph

16 (C) of paragraph (6) and inserting ‘‘resources; and’’;

17 (5) by inserting after paragraph (6)(C) the fol18 lowing:

19 ‘‘(D) the cost of curation and conservation

20 of archaeological, historical, and cultural sanc21 tuary resources;’’;

22 (6) by striking ‘‘injury;’’ in paragraph (7) and

23 inserting ‘‘injury, including enforcement activities re24 lated to any incident;’’
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1 (7) by striking ‘‘educational, or ’’ in paragraph

2 (8) and inserting ‘‘educational, cultural, archae3 ological,’’;

4 (8) by striking ‘‘and’’ after the semicolon in

5 paragraph (8);

6 (9) by striking ‘‘Magnuson Fishery Conserva7 tion and Management Act.’’ in paragraph (9) and

8 inserting ‘‘Magnuson-Stevens Act;’’; and

9 (10) by adding at the end thereof the following:

10 ‘‘(10) ‘system’ means the National Marine

11 Sanctuary System established by section 303; and

12 ‘‘(11) ‘person’ has the meaning given that term

13 by section 1 of title 1, United States Code, but in14 cludes a department, agency, and instrumentality of

15 the government of the United States, a State, or a

16 foreign Nation.’’.

17 SEC. 5. CHANGES IN SANCTUARY DESIGNATION STAND18 ARDS.

19 Section 303 (16 U.S.C. 1433) is amended—

20 (1) by striking the section caption and inserting

21 the following:

22 ‘‘SEC. 303. NATIONAL MARINE SANCTUARY SYSTEM.’’;

23 (2) by striking subsection (a) and inserting the

24 following:
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1 ‘‘(a) ESTABLISHMENT OF SYSTEM.—There is estab2 lished the National Marine Sanctuary System, which shall

3 consist of national marine sanctuaries designated by the

4 Secretary in accordance with this title.’’;

5 (3) by striking paragraph (3) of subsection (b),

6 and redesignating paragraphs (1) and (2) as para7 graphs (2) and (3);

8 (4) by striking so much of subsection (b) as

9 precedes paragraph (2), as redesignated, and insert10 ing the following:

11 ‘‘(b) SANCTUARY DESIGNATION STANDARDS.—

12 ‘‘(1) IN GENERAL.—Before designating an area

13 of the marine environment as a national marine

14 sanctuary, the Secretary shall find that—

15 ‘‘(A) the area is of special national signifi16 cance due to its—

17 ‘‘(i) biodiversity;

18 ‘‘(ii) ecological importance;

19 ‘‘(iii) archaeological, cultural, or his20 torical importance; or

21 ‘‘(iv) human-use values;

22 ‘‘(B) existing State and Federal authorities

23 should be supplemented to ensure coordinated

24 and comprehensive conservation and manage-
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1 ment of the area, including resource protection,

2 scientific research, and public education;

3 ‘‘(C) designation of the area as a national

4 marine sanctuary will facilitate the objectives in

5 subparagraph (B); and

6 ‘‘(D) the area is of a size and nature that

7 will permit comprehensive and coordinated con8 servation and management.’’;

9 (5) by striking ‘‘subsection (a)’’ in paragraph

10 (2), as redesignated, and inserting ‘‘paragraph (1)’’;

11 (6) by redesignating subparagraphs (E)

12 through (I) of paragraph (2), as redesignated, as

13 paragraphs (F) through (J), and inserting after

14 paragraph (D) the following:

15 ‘‘(E) the areas’s scientific value and value

16 for monitoring as a special area of the marine

17 environment;’’;

18 (7) by redesignating subparagraphs (H), (I),

19 and (J), as redesignated, as subparagraphs (I), (J),

20 and (K) and by inserting after subparagraph (G), as

21 redesignated, the following:

22 ‘‘(H) the feasibility, where appropriate, of

23 employing innovative management approaches

24 to protect sanctuary resources or to manage

25 compatible uses;’’;
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1 (8) by striking ‘‘vital habitats, and resources

2 which generate tourism;’’ in subparagraph (I), as re3 designated, and inserting ‘‘and vital habitats;’’;

4 (9) by redesignating subparagraphs (J) and (K)

5 as subparagraphs (K) and (L), and inserting after

6 subparagraph (I) the following:

7 ‘‘(J) the value of the area as an addition

8 to the System;’’; and

9 (10) by striking ‘‘Merchant Marine and Fish10 eries’’ in subparagraph (A) of paragraph (3), as re11 designated, and inserting ‘‘Resources’’;

12 (11) by inserting after ‘‘Administrator’’ in sub13 paragraph (B) of paragraph (3), as redesignated the

14 following: ‘‘of the Environmental Protection Agen15 cy,’’; and

16 (12) by adding at the end of subsection (b) the

17 following:

18 ‘‘(4) REQUIRED FINDINGS.—

19 ‘‘(A) NEW DESIGNATIONS.—Before begin20 ning the designation process for any sanctuary

21 that is not a designated sanctuary before Janu22 ary 1, 2000, the Secretary shall make, and sub23 mit to the Congress, a finding that each des24 ignated sanctuary has—
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1 ‘‘(i) an operational level of facilities,

2 equipment, and employees;

3 ‘‘(ii) a list of priorities it considers

4 most urgent and a strategy to address

5 those priorities;

6 ‘‘(iii) a plan and schedule to complete

7 site characterization studies to inventory

8 existing sanctuary resources, including cul9 tural resources; and

10 ‘‘(iv) a plan for enforcement of the

11 Act within its boundaries, including part12 nerships with adjacent States or other au13 thorities.

14 ‘‘(B) EXCEPTION.—Subparagraph (A)

15 does not apply to any draft management plan,

16 draft environmental impact statement, or pro17 posed regulation for a Thunder Bay National

18 Marine Sanctuary.’’.

19 ‘‘(A) NEW DESIGNATIONS.—The Secretary

20 shall not publish in the Federal Register any

21 sanctuary designation notice or regulations pro22 posing to designate a new sanctuary unless the

23 Secretary has published in the Federal Register

24 and submitted to Congress a finding that the ad25 dition of a new sanctuary will not have a nega-
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1 tive impact on the National Marine Sanctuary

2 System and each designated sanctuary has—

3 ‘‘(i) an operational level of facilities,

4 equipment, and employees;

5 ‘‘(ii) a plan for enforcement of the Act

6 within its boundaries, including partner7 ships with adjacent States or other authori8 ties;

9 ‘‘(iii) sufficient resources available in

10 the fiscal year in which the finding is made

11 to implement the sanctuary management

12 plan effectively;

13 ‘‘(iv) completed site characterizations

14 studies, inventories of known sanctuary re15 sources, and management plan review; and

16 ‘‘(v) a list of priorities and a strategy

17 to address such priorities.

18 ‘‘(B) FAILURE TO COMPLETE CERTAIN RE19 QUIREMENTS.—If the requirements of subpara20 graph (A)(iv) have not been completed at the

21 time of designation of a sanctuary, then the Sec22 retary shall submit a plan and schedule for the

23 completion of these activities for the sanctuary,

24 based on the assumption that the amounts ap25 propriated for the sanctuaries will be main-
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1 tained at the same level for each fiscal year for

2 the next 10 years.

3 ‘‘(C) EXCEPTION.—Subparagraph (A) does

4 not apply to any draft management plan, draft

5 environmental impact statement, or proposed

6 regulation for the Thunder Bay National Marine

7 Sanctuary.

8 ‘‘(D) DEADLINE.—If a finding under sub9 paragraph (A) has not been published by Feb10 ruary 1, 2004, the Secretary shall submit to

11 Congress by September 30, 2004, a finding stat12 ing whether the requirements in subparagraph

13 (A) have been met.

14 ‘‘(E) SUNSET.—The requirements of this

15 paragraph shall be in effect until September 30,

16 2004.’’.

17 SEC. 6. CHANGES IN PROCEDURES FOR DESIGNATION AND

18 IMPLEMENTATION.

19 (a) CHANGES IN NOTICE REQUIREMENTS.—Section

20 304(a) (16 U.S.C. 1434(a)) is amended—

21 (1) by striking paragraph (1)(C) and inserting

22 the following:

23 ‘‘(C) on the same day the notice required

24 by subparagraph (A) is submitted to the Office

25 of the Federal Register, the Secretary shall sub-
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1 mit a copy of the notice and the draft sanctuary

2 designation documents prepared under para3 graph (2) to the Committee on Resources of the

4 House of Representatives and the Committee

5 on Commerce, Science, and Transportation of

6 the Senate.’’;

7 (2) by redesignating paragraphs (2) through

8 (6) as paragraphs (3) through (7), and inserting the

9 following after paragraph (1):

10 ‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—

11 The Secretary shall prepare sanctuary designation

12 documents on the proposal that include the fol13 lowing:

14 ‘‘(A) A draft environmental impact state15 ment under paragraph (3).

16 ‘‘(B) A management plan document, which

17 the Secretary shall make available to the public,

18 containing—

19 ‘‘(i) the terms of the proposed des20 ignation;

21 ‘‘(ii) proposed mechanisms to coordi22 nate existing regulatory and management

23 authorities within the area;

24 ‘‘(iii) the proposed goals and objec25 tives, management responsibilities, re-
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1 source studies, and appropriate strategies

2 for managing sanctuary resources, includ3 ing innovative approaches such as marine

4 zoning, interpretation and education, re5 search, monitoring and assessment, re6 source protection, restoration, and enforce7 ment (including surveillance activities for

8 the area);

9 ‘‘(iv) an evaluation of the advantages

10 of cooperative State and Federal manage11 ment if all or part of a proposed marine

12 sanctuary is within the territorial limits of

13 a State, or is superjacent to the subsoil

14 and seabed within the seaward boundary of

15 a State (as established under the Sub16 merged Lands Act (43 U.S.C. 1301 et

17 seq.);

18 ‘‘(v) an estimate of the annual cost to

19 the Federal government of the proposed

20 designation, including costs of personnel,

21 equipment and facilities, enforcement, re22 search, and public education; and

23 ‘‘(vi) the regulations proposed under

24 paragraph (1)(A).
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1 ‘‘(C) Maps depicting the boundaries of the

2 proposed sanctuary.

3 ‘‘(D) A statement of the basis for the find4 ings made under section 303(b)(2).

5 ‘‘(E) An assessment of the considerations

6 under section 303(b)(1).

7 ‘‘(F) A resource assessment that

8 includes—

9 ‘‘(i) present and potential uses of the

10 area, including commercial and rec11 reational fishing, research and education,

12 minerals and energy development, subsist13 ence uses, and other commercial, govern14 mental, or recreational uses;

15 ‘‘(ii) a discussion, prepared after con16 sultation with the Secretary of the Interior,

17 of any commercial, governmental, or rec18 reational resource uses in the areas that

19 are subject to the primary jurisidiction of

20 the Department of the Interior; and

21 ‘‘(iii) information prepared in con22 sultation with the Secretary of Defense,

23 the Secretary of Energy, and the Adminis24 trator of the Environmental Protection

25 Agency, on any past, present, or proposed
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1 future disposal or discharge of materials in

2 the vicinity of the proposed sanctuary.’’.

3 (b) OTHER NOTICE-RELATED CHANGES.—Section

4 304(a) (16 U.S.C. 1434(a)) is further amended—

5 (1) by striking ‘‘as provided by’’ in subpara6 graph (A) of paragraph (3), as redesignated, and in7 serting ‘‘under’’;

8 (2) by inserting ‘‘cultural, archaeological,’’ after

9 ‘‘educational,’’ in paragraph (4), (5) as redesignated;

10 (3) by striking ‘‘only by the same procedures by

11 which the original designation is made.’’ in para12 graph (4), (5) as redesignated, and inserting ‘‘by fol13 lowing the applicable procedures of the National En14 vironmental Policy Act of 1969 (42 U.S.C. 4321 et

15 seq.) and chapter 5 of title 5, United States Code.’’;

16 (4) by inserting ‘‘this Act and’’ after ‘‘objectives

17 of’’ in the second sentence of paragraph (6), as re18 designated; and

19 (5) by striking ‘‘Merchant Marine and Fisheries

20 Resources’’ in paragraph (7), as redesignated, and

21 inserting ‘‘Resources’’.

22 (c) OTHER CHANGES.—Section 304 (16 U.S.C.

23 1434) is amended—

24 (1) by striking ‘‘(a)(6)’’ in subsection (b)(1) and

25 inserting ‘‘(a)(7)’’;
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1 (1) (2) by inserting ‘‘or the national system’’ in

2 subsection (b)(2) after ‘‘sanctuary’’ each place it ap3 pears;

4 (2) (3) by striking ‘‘management techniques,’’

5 in subsection (e) and inserting ‘‘management tech6 niques and strategies,’’; and

7 (3) (4) by striking ‘‘title.’’ in subsection (e) and

8 inserting ‘‘title. This review shall include a

9 prioritization of management objectives.’’

10 SEC. 7. CHANGES IN ACTIVITIES PROHIBITED.

11 Section 306 (16 U.S.C. 1436) is amended—

12 (1) by striking ‘‘sell,’’ in paragraph (2) and in13 serting ‘‘offer for sale, sell, purchase, import, ex14 port,’’; and

15 (2) by striking paragraph (3) and inserting the

16 following:

17 ‘‘(3) interfere with the enforcement of this title

18 by—

19 ‘‘(A) refusing to permit any authorized of20 ficer to board a vessel, other than a vessel oper21 ated by the Department of Defense or United

22 States Coast Guard, subject to such person’s

23 control for the purpose of conducting a search

24 or inspection in connection with the enforce25 ment of this title;
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1 ‘‘(B) assaulting, resisting, opposing, im2 peding, intimidating, or interfering with any au3 thorized officer in the conduct of any search or

4 inspection under this title;

5 ‘‘(C) submitting false information to the

6 Secretary or any officer authorized by the Sec7 retary in connection with any search or inspec8 tion under this title; or

9 ‘‘(D) assaulting, resisting, opposing, im10 peding, intimidating, harassing, bribing, or

11 interfering with any person authorized by the

12 Secretary to implement the provisions of this

13 title; or’’.

14 SEC. 8. CHANGES IN ENFORCEMENT PROVISIONS.

15 Section 307 (16 U.S.C. 1437) is amended—

16 (1) by redesignating paragraphs (1) through

17 (5) of subsection (b) as paragraphs (2) through (6),

18 and inserting before paragraph (2) the following:

19 ‘‘(1) arrest any person, if there is reasonable

20 cause to believe that the person has committed an

21 act prohibited by section 306(3);’’;

22 (2) by redesignating subsections (c) through (j)

23 as subsections (d) through (k), and inserting after

24 subsection (b) the following:

25 ‘‘(c) CRIMINAL OFFENSES.—
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1 ‘‘(1) IN GENERAL.—Violation of section 306(3)

2 is punishable by a fine under title 18, United States

3 Code, imprisonment for not more than 6 months, or

4 both.

5 ‘‘(2) AGGREVATED VIOLATIONS.—If a person in

6 the course of violating section 306(3)—

7 ‘‘(A) uses a dangerous weapon,

8 ‘‘(B) causes bodily injury to any person

9 authorized to enforce this title or to implement

10 its provisions, or

11 ‘‘(C) causes such a person to fear immi12 nent bodily injury,

13 then the violation is punishable by a fine under title

14 18, United States Code, imprisonment for not more

15 than 10 years, or both.’’;

16 (3) by redesignating subsections (e) through

17 (k), as redesignated, as subsections (f) through (l),

18 respectively, and by inserting after subsection (d), as

19 redesignated, the following:

20 ‘‘(e) JUDICIAL CIVIL PENALTIES.—The Secretary

21 may bring an action to access and collect any civil penalty

22 for which a person is liable under paragraph (d)(1) in the

23 United States district court for the district in which the

24 person from whom the penalty is sought resides, in which

25 such person’s principal place of business is located, or
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1 where the incident giving rise to civil penalties under this

2 section occurred.’’;

3 (4) by inserting ‘‘electronic files,’’ after

4 ‘‘books,’’ in subsection (h), as redesignated; and

5 (5) by redesignating subsections (i) through (l),

6 as designated, as subsections (j) through (m), and

7 by inserting after subsection (h), as redesignated,

8 the following:

9 ‘‘(i) NATIONWIDE SERVICE OF PROCESS.—In any ac10 tion by the United States under this chapter, process may

11 be served in any district where the defendant is found,

12 resides, transacts business, or has appointed an agent for

13 the service of process.’’.

14 SEC. 9. ADDITIONAL REGULATIONS AUTHORITY ADDED.

15 Section 308 (16 U.S.C. 1439) is amended to read as

16 follows:

17 ‘‘SEC. 308. REGULATIONS AND SEVERABILITY.

18 ‘‘(a) REGULATIONS.—The Secretary may issue such

19 regulations as may be necessary to carry out this title.

20 ‘‘(b) SEVERABILITY.—If any provision of this title,

21 or the application thereof to any person or circumstance,

22 is held invalid, the validity of the remainder of this title

23 and of the application of that provision to other persons

24 and circumstances shall not be affected.’’.
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1 SEC. 10. CHANGES IN RESEARCH, MONITORING, AND EDU2 CATION PROVISIONS.

3 Section 309 (16 U.S.C. 1440) is amended to read as

4 follows:

5 ‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION PRO6 GRAMS AND INTERPRETIVE FACILITIES.

7 ‘‘(a) IN GENERAL.—The Secretary shall conduct,

8 support, or coordinate research, monitoring, evaluation,

9 and education programs necessary and reasonable to carry

10 out the purposes and policies of this title.

11 ‘‘(b) RESEARCH AND MONITORING.—The Secretary

12 may support, promote, and coordinate appropriate re13 search on, and long-term monitoring of, the resources and

14 human uses of marine sanctuaries, as is consistent with

15 the purposes and policies of this title. In carrying out this

16 subsection the Secretary may consult with Federal agen17 cies, States, local governments, regional agencies, inter18 state agencies, or other persons, and coordinate with the

19 National Estuarine Research Reserve System.

20 ‘‘(c) EDUCATION AND INTERPRETIVE FACILITIES.—

21 The Secretary may establish facilities or displays—

22 ‘‘(1) to promote national marine sanctuaries

23 and the purposes and policies of this title; and

24 ‘‘(2) either solely or in partnership with other

25 persons, under an agreement under section 311.’’.
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1 SEC. 11. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

2 Section 310 (16 U.S.C. 1441) is amended—

3 (1) by redesignating subsections (b) through (e)

4 (f) as subsections (c) through (f), (g), and by insert5 ing after subsection (a) the following:

6 ‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary

7 shall provide appropriate public notice before identifying

8 any activity subject to a special use permit under sub9 section (a).’’;

10 (2) by striking ‘‘insurance’’ in paragraph (4) of

11 subsection (c), as redesignated, and inserting ‘‘insur12 ance, or post an equivalent bond,’’;

13 (3) by striking ‘‘resource and a reasonable re14 turn to the United States Government.’’ in para15 graph (2)(C) of subsection (d), as redesignated, and

16 inserting ‘‘resource.’’;

17 (4) by redesignating paragraph (3) of sub18 section (d), as redesignated, as paragraph (4), and

19 by inserting after paragraph (2) thereof the fol20 lowing:

21 ‘‘(3) WAIVER OR REDUCTION OF FEES.—The

22 Secretary may waive or reduce fees under this sub23 section, or accept in-kind contributions in lieu of

24 fees under this subsection, for activities that do not

25 derive profit from the access to and use of sanctuary
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1 resources or that the Secretary considers to be bene2 ficial to the system.’’; and

3 (5) by striking ‘‘designating and’’ in paragraph

4 (4)(B) of subsection (d), as redesignated.

5 SEC. 12. CHANGES IN COOPERATIVE AGREEMENTS PROVI6 SIONS.

7 Section 311 (16 U.S.C. 1442) is amended—

8 (1) by adding at the end of subsection (a) the

9 following: ‘‘Notwithstanding any other provision of

10 law to the contrary, the Secretary may apply for, ac11 cept, and use grants from Federal agencies, States,

12 local governments, regional agencies, interstate

13 agencies, foundations, or other persons, to carry out

14 the purposes and policies of this title.’’; and

15 (2) by redesignating subsections (b), (c), and

16 (d) as subsections (c), (d), and (e), and inserting

17 after subsection (a) the following:

18 ‘‘(b) USE OF STATE AND FEDERAL AGENCY RE19 SOURCES.—The Secretary may, whenever appropriate, use

20 by agreement the personnel, services, or facilities of de21 partments, agencies, and instrumentalities of the govern22 ment of the United States or of any State or political sub23 division thereof on a reimbursable or non-reimbursable

24 basis to assist in carrying out the purposes and policies

25 of this title.’’.
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1 SEC. 13. CHANGES IN PROVISIONS CONCERNING DESTRUC2 TION, LOSS, OR INJURY.

3 (a) LIABILITY.—Section 312 (16 U.S.C. 1443(a)) is

4 amended—

5 (1) by striking ‘‘used to destroy, cause the loss

6 of, or injure’’ in subsection (a)(2) and inserting

7 ‘‘that destroys, causes the loss of, or injures’’;

8 (2) by inserting ‘‘or vessel’’ after ‘‘person’’ in

9 subsection (a)(4);

10 (3) by inserting ‘‘(as defined in section

11 302(11))’’ after ‘‘damages’’ in subsection (b)(2);

12 (4) by striking ‘‘vessel who’’ in subsection (c)

13 and inserting ‘‘vessel that’’;

14 (5) by striking ‘‘person may’’ in subsection (c)

15 and inserting ‘‘person or vessel may’’;

16 (6) by inserting ‘‘by the Secretary’’ after

17 ‘‘used’’ in subsection (d); and

18 (7) by adding at the end of subsection (d) the

19 following:

20 ‘‘(4) STATUTE OF LIMITATIONS.—An action for

21 response costs and damages under subsection (c)

22 may not be brought more than 2 years after the

23 date of completion of the relevant damage assess24 ment and restoration plan prepared by the Sec25 retary.’’.
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1 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

2 Section 313 (16 U.S.C. 1444) is amended by striking

3 paragraphs (1), (2), and (3) and inserting the following:

4 ‘‘(1) $30,000,000 for fiscal year 2000;

5 ‘‘(2) $32,000,000 for fiscal year 2001;

6 ‘‘(3) $34,000,000 for fiscal year 2002;

7 ‘‘(4) $36,000,000 for fiscal year 2003; and

8 ‘‘(5) $38,000,000 for fiscal year 2004.’’. 2004;

9 and

10 ‘‘(6) $40,000,000 for fiscal year 2005.’’.

11 SEC. 15. CHANGES IN U.S.S. MONITOR PROVISIONS.

12 Section 314 (16 U.S.C. 1445) is amended by striking

13 subsection (b) and redesignating subsection (c) as sub14 section (b).

15 SEC. 16. CHANGES IN ADVISORY COUNCIL PROVISIONS.

16 Section 315 (16 U.S.C. 1446) 1445a) is amended by

17 striking ‘‘provide assistance’’ in subsection (a) and insert18 ing ‘‘advise and make recommendations’’.

19 SEC. 17. CHANGES IN THE SUPPORT ENHANCEMENT PROVI20 SIONS.

21 Section 316 (16 U.S.C. 1447) 1445b) is amended—

22 (1) by striking ‘‘use’’ in subsection (a)(4) and

23 inserting ‘‘manufacture, reproduction, or other use’’;

24 (2) by striking ‘‘sanctuaries;’’ in subsection

25 (a)(4) and inserting ‘‘sanctuaries or by persons that
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1 enter cooperative agreements collaborative efforts

2 with the Secretary under subsection (f);’’;

3 (3) by striking ‘‘symbols’’ in subsection (a)(6)

4 and inserting ‘‘symbols, including sale of items bear5 ing the symbols,’’;

6 (4) by redesignating subsections (c), (d), and (e)

7 as (d), (e), and (f), respectively, and by inserting

8 after subsection (b) the following:

9 ‘‘(c) COLLABORATIONS.— The Secretary may au10 thorize the use of the symbol described in subsection

11 (a) by any person with which the Secretary is en12 gaged in a collaborative effort to carry out the pur13 poses and policies of this title.’’;

14 (4) striking (5) by striking ‘‘Secretary; and’’ in

15 paragraph (3) of subsection (f), as redesignated, and

16 inserting ‘‘Secretary, or without prior authorization

17 under subsection (a)(4); or’’; and

18 (5) (6) by adding at the end thereof the fol19 lowing:

20 ‘‘(f) (g) AUTHORIZATION FOR NON-PROFIT ORGANI21 ZATION TO SOLICIT SPONSORS.—

22 ‘‘(1) IN GENERAL.—The Secretary may enter

23 into an agreement with a non-profit organization au24 thorizing it to assist in the administration of the

25 sponsorship program established under this section.
26

•S 1482 RS

1 Under an agreement entered into under this para2 graph, the Secretary may authorize the non-profit

3 organization to solicit persons to be official sponsors

4 of the national marine sanctuary program or of indi5 vidual national marine sanctuaries, upon such terms

6 as the Secretary deems reasonable and will con7 tribute to the successful administration of the sanc8 tuary system. The Secretary may also authorize the

9 non-profit organization to collect the statutory con10 tribution from the sponsor, and, subject to para11 graph (2), transfer the contribution to the Secretary.

12 ‘‘(2) REIMBURSEMENT FOR ADMINISTRATIVE

13 COSTS.—Under the agreement entered into under

14 paragraph (1), the Secretary may authorize the non15 profit organization to retain not more than 5 percent

16 of the amount of monetary contributions it receives

17 from official sponsors under the agreement to offset

18 the administrative costs of the organization in solic19 iting sponsors.’’.

Calendar No. 702

106TH CONGRESS

2D SESSION S. 1482

[Report No. 106–353]

A BILL

To amend the National Marine Sanctuaries Act,

and for other purposes.

JULY 21, 2000

Reported with amendments